The Robot-Judge and its compatibility with the Spanish Constitution. The use of artificial intelligence in the decision-making process by the courts

Keywords: Artificial Intelligence, judicial function, judicial Independenc, impartiality, robot-judge

Abstract

The Artificial Intelligence has been a part of our lives for decades. However, in recent years. Technological development has been so rapid that it has sparked great concern in certain sectors, judiciary being one of them. This paper reflects on the intersection between AI and judicial decision-making. The objective is to assess how the integration of AI systems aligns with the constitutional framework of the judicial function, specifically in the context of decision-making by the Spanish Courts. Our Constitution establishes that judicial authority is to be exercised by judges and magistrates, who are members of the judiciary. We examine the potential substitution of judges by AI systems, and the associated risks for their independence and impartiality. 

Received: 25.04.2024
Accepted: 10.05.2024

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Published
2024-06-19
How to Cite
Pineros Polo, Elena. 2024. “The Robot-Judge and Its Compatibility With the Spanish Constitution. The Use of Artificial Intelligence in the Decision-Making Process by the Courts”. Estudios De Deusto 72 (1), 53-78. https://doi.org/10.18543/ed.3100.
Section
Special Issue